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Madras High CourtWP/30343/2014disposed of

S.Murugan v. Neyveli Lignite Corporation

2021-03-22Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.03.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.30343 of 2014 and M.P.No.1 of 2014 and W.M.P.Nos.6097 and 6608 of 2021 S.Murugan ... Petitioner Vs 1.Neyveli Lignite Corporation Ltd., Rep by its Director (HR), Corporate Office, Block -I, Neyveli Township - 607 801.

2.The General Manager (HR), Corporate Office, Block -I, Neyveli Lignite Corporation Ltd., Block - I, Neyveli Township - 607 801.

3.The Chief Manager (Shift Office, Mine -I), Office of the Chief General Mine-I and Mine-IA, Neyveli Lignite Corporation Ltd., Neyveli - 3.

... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the proceedings in Memo No. M1/HR/DAC/279-06/2013 dated 26.2.2013 and the proposed punishment order in PSC No. M1/HR/DAC/ 279-06/2013 dated 27.10.2014 issued by the 3rd respondent quash the same and consequently direct the respondents to grant the petitioner promotion to Chief Wireless Operator Special Grade with SG-II scale w.e.f. 1.6.2010 and promotion to SG-III Scale w.e.f. 1.6.2013 with all consequential benefits Award costs.

For Petitioner : M/s.Vaigai for M/s.R.Krishnaswamy For Respondents : Mr.F.B.Benjamin George R1 to R3

ORDER

The relief sought for in this writ petition is to issue a writ of certiorarified mandamus calling for the records relating to the proceedings of the third respondent in Memo No.MI/ HR/ DAC/ 279-06/2013 dated 26.02.2013 and the proposed punishment order in PSC No.M1/HR/DAC/279-06/2013 dated 27.10.2014 and to quash the same and consequently direct the respondents to grant the petitioner promotion to Chief Wireless Operator Special Grade with SG-II Scale with effect from 01.06.2010 and promotion to SG III Scale with effect from 01.06.2013 with all consequential attendant and monetary benefits. 2.

According to the petitioner, while he was working as Wireless-cum-Communication Operator / Trainee, he was subjected to disciplinary proceedings for the alleged misconduct of producing fake certificates and after completion of enquiry, where the charges levelled against him were found proved, by impugned proceedings dated 27.10.2014, the third respondent proposed to impose the punishment of demotion to the Lower Category as Technician Grade III/C in W3 Grade in the scale of pay of Rs.10300-3%-28390 (W3) on the petitioner and his basic pay in the demoted post was fixed at Rs.19,270/-. Challenging the said proceedings, the petitioner has come forward with the present writ petition for the aforesaid relief. 3.

Upon notice, the respondents filed a detailed counter affidavit, inter alia stating that the proceedings impugned in this writ petition is only a show cause notice issued by the third respondent as to why the proposed punishment shall not be imposed on the petitioner for the proven misconduct, to which, the petitioner has not raised any objection inspite of granting an extention of time upto 20.11.2014 at his request; and the petitioner, instead of submitting his objection, the petitioner has rushed to this Court, by filing this writ petition; and hence, the same is not maintainable in law.

4.Heard both sides and perused the documents enclosed in the typed set of papers.

5.In this writ petition, the petitioner challenged the proceedings issued by the third respondent dated 27.10.2014, which is nothing but a show cause notice calling upon the petitioner to submit his objection / explanation / representation with regard to the punishment proposed to be imposed on him. Further, the petitioner was granted sufficient opportunity to do the same. However, without availing the same in a proper perspective, he has hurriedly filed this writ

petition to quash the said proceedings issued by the third respondent.

6.Therefore, considering the facts and circumstances of the case and as agreed by the learned counsel appearing for both the parties, this Court to meet the ends of jutice, directs the petitioner to make representation/objection/explanation to the proceedings impugned herein, treating it as show cause notice, within a period of four (4) weeks from the date of receipt of a copy of this order. On receipt of the same, the 3rd respondent shall consider the same and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of eight (8) weeks thereafter.

7.This Writ Petition is disposed of with the above direction. No costs.

Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar mtl To 1.The Director (HR), Neyveli Lignite Corporation Ltd., Corporate Office, Block -I, Neyveli Township - 607 801.

2.The General Manager (HR), Corporate Office, Block -I, Neyveli Lignite Corporation Ltd., Block - I, Neyveli Township - 607 801.

3.The Chief Manager (Shift Office, Mine -I), Office of the Chief General Mine-I and Mine-IA, Neyveli Lignite Corporation Ltd., Neyveli - 3. +1cc to Mr.F.B.Benjamin George, Advocate Sr.18958 +1cc to Mr.V.Ajoy Khose, Advocate Sr.18533 W.P.No.30343 of 2014 jp[co] srg 15/07/2021